Martina Perez v. MC-VC, Inc. d/b/a Party Place Cabaret
Dram ShopSafe Harbor
Case Review · Expert Report
Outcome: Settled
Case experience: Dram Shop · Liquor Liability · Nightclub Operations · Bar Operations
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Texas · Safe Harbor
Texas Dram Shop Expert Witness
Ryan Dahlstrom accepts expert-witness engagements in Texas and is retained by attorneys representing plaintiffs and defendants. In Texas dram shop matters he evaluates alcohol-service practices, seller training, staffing and supervision against hospitality industry standards.
Alcohol Service
Dram Shop and Liquor Liability in Texas
The Texas Dram Shop Act and the Safe Harbor defense
Texas provider liability arises under Tex. Alco. Bev. Code § 2.02. A provider may be liable where, at the time alcohol was served, it was apparent to the provider that the recipient was obviously intoxicated to the extent that he presented a clear danger to himself and others, and that intoxication was a proximate cause of the damages.
The defense that decides most Texas cases is § 106.14 — the TABC Safe Harbor. An employee's conduct is not attributable to the employer where three things are true: the employer requires its employees to attend a Commission-approved seller training program, the employee actually attended it, and the employer has not directly or indirectly encouraged the employee to violate the law.
That third element is operational, not documentary. Certificates in a file do not answer it. Whether an employer indirectly encouraged a violation is answered by how the venue actually ran — drink promotions and sales targets, staffing ratios at peak, whether managers enforced cut-offs or overrode them, whether POS practice matched the written policy, and what happened on prior nights.
Server training
TABC-approved seller-server training; certification within 30 days of hire for staff engaged in sale, service or delivery, and for their immediate managers, together with written responsible-service policies staff have read and understand.
This summary is general information for counsel, not legal advice. Statutes, regulations and case law change; counsel should confirm the law in effect on the date of loss. Ryan Dahlstrom's opinions address operational practices measured against hospitality industry standards; he does not offer opinions on the law.
Evidence
What Ryan Reviews in a Texas Matter
The evidence set follows the legal standard. Where the statute turns on what was observable, the analysis runs on video, service records and staffing; where it turns on security or premises conditions, it runs on deployment, supervision and incident history.
- TABC seller-server certificates and the training roster against the shift schedule
- Written alcohol-service policy, acknowledgement forms, and whether practice matched the document
- POS and sales records correlated to a service timeline
- Surveillance video for behavioral indicators and for who was actually working the well
- Promotion, pricing and sales-target material bearing on indirect encouragement
- Manager logs, incident reports and prior-incident history at the venue
Selected Engagements
Representative Settled Texas Matters
Ryan was retained in Martina Perez v. MC-VC, Inc. d/b/a Party Place Cabaret (Thomas J Henry, plaintiff) and Makayla Tatum v. Wing It Inc. d/b/a Rick's on the Square (Miller Weisbrod Olesky, plaintiff), both Texas dram shop matters involving the Safe Harbor defense. Both settled.
Makayla Tatum v. Wing It Inc. d/b/a Rick's on the Square
Dram ShopSafe HarborIndirect Encouragement
Case Review · Expert Report
Outcome: Settled
Case experience: Dram Shop · Liquor Liability · Bar Operations · Restaurant Operations
Questions
Texas — Common Questions from Counsel
What does a Texas dram shop expert witness actually evaluate?
Whether the establishment's service practices, staffing, supervision and training met the standard of care, and whether it was apparent at the time of service that the patron was obviously intoxicated to the point of clear danger. In Safe Harbor cases the analysis extends to whether the employer's real-world operation encouraged the violation, directly or indirectly.
Can an expert opine on the Safe Harbor defense itself?
An operations expert can address the factual elements — whether training was actually required and completed, whether written policy existed and was enforced, and whether operational practice encouraged violations. Whether the defense is legally established is for the court and the jury.
Does TABC certification defeat a Texas dram shop claim on its own?
No. Certification is one element of § 106.14. The employer must also have required the training and must not have directly or indirectly encouraged the violation — which is an operational question about how the venue ran.
Other Jurisdictions
Expert Witness Services by State
Ryan Dahlstrom accepts expert-witness engagements in all 50 states.
Texas Matter Under Review?
Submit a case inquiry for a confidential conflicts check and evaluation. Ryan responds to case inquiries within one business day.